JUDGMENT OF THE COURT
Moses Masesi Mbinda Uvyu, the appellant hereinafter, was tried before Mwera, J. with the aid of assessors on an information which charged him with offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the said information were that on the night of 12th and 13th November, 1994 at Ngaani village, Mbooni location in Makueni District of Eastern Province, the appellant, jointly with Patricia Mulekyo Mwololo, hereinafter Patricia, murdered Daniel Mwololo Musyimi, hereinafter the deceased. Patricia was the wife of the deceased and was charged with the appellant as accused number one. At the conclusion of their trial and after the learned Judge had summed up the case to the remaining two assessors, the said assessors found the appellant and Patricia not guilty of the murder charged. In his considered judgment dated and delivered on 9th November, 1999, Mwera, J. found Patricia not guilty and acquitted her; the ap…